CITY OF DAPHNE
CITY COUNCIL BUSINESS MEETING AGENDA
1705 MAIN STREET, DAPHNE, AL
MAY 1, 2006
6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL/INVOCATION:
PLEDGE OF ALLEGIANCE:
3. APPROVE MINUTES:
Work Session Minutes meeting held April 13, 2006
Council Meeting Minutes meeting held April 17, 2006
PRESENTATION: People to People Ambassadors / Jan Yelding Singleton
4. REPORT STANDING COMMITTEES:
A. FINANCE COMMITTEE – Scott
a.) Appropriations of Funds:
Four Wheel Drive Out Front Mowers / Ordinance 2006-37
b.) Bid Award: Four Wheel Drive Out Front Mowers / Resolution 2006-44
Beard Equipment Company
c.) MOTION:
Declare Emergency: Knuckleboom Truck Repair
B. BUILDINGS & PROPERTY - Lake
a.) Land Swap with AIG Baker Backup
C. PUBLIC SAFETY - Burnam
D. CODE ENFORCEMENT/ORDINANCE COMMITTEE – Landry
E. PUBLIC WORKS COMMITTEE / SOLID WASTE AUTHORITY – Yelding
a. Review Beautification minutes meeting held April 7th
5. REPORTS OF SPECIAL BOARDS & COMMISSIONS:
A. Board of Zoning Adjustments – Eady
B. Downtown Redevelopment Authority - Barnette
C. Industrial Development Board – Yelding
a.) Review minutes meeting held March 27th
D. Library Board – Lake
Review minutes meeting held April 10th
E. Planning Commission – Barnette
a.) Review minutes meeting held March 30th
b.) Review special meeting minutes meeting held April 7th
F. Recreation Board - Palumbo
a. Review minutes meeting held April 13th
G. Utility Board – Scott
a.) Review minutes meeting held March 1st
b.) Review minutes meeting held March 29th
1
CITY COUNCIL MEETING AGENDA
MAY 1, 2006
PAGE 2
6. REPORTS OF OFFICERS:
A. Mayors Report
a.) ABC License / Alec Naaman’s Catering, Inc. / 140 Special Events Retail
B. City Attorney’s Report
C. Department Head Comments
7. PUBLIC PARTICIPATION:
8. RESOLUTIONS & ORDINANCES:
RESOLUTIONS:
a.) Prepaid Travel / David Cohen /
2007 ADECA Grant Writer Work Shop. . . . . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-43
b.) Bid Award: 2006-O-PW- (5) Four Wheel Drive
Outfront Mowers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-44
ORDINANCES:
2ND READ
a.) Annexation: Reynolds Property located
on the Corner of US Hwy 98 and McIntyre Street . . . . . . . . . . . . . . . . . . . /Ordinance 2006-32
b.) Appropriation of Funds: Trail Blazers. . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Ordinance 2006-36
1ST READ
a.) Appropriation of Funds: Purchase of (5) Outfront Deck
Mowers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /Ordinance 2006-37
9. COUNCIL COMMENTS
10. ADJOURN
2
CITY OF DAPHNE
CITY COUNCIL MEETING
ROLL CALL
CITY COUNCIL:
COUNCILMAN YELDING
CALL VOTES
PRESENT
ABSENT
COUNCILWOMAN BARNETTE
PRESENT
ABSENT
COUNCILMAN LAKE
PRESENT
ABSENT
COUNCILMAN BURNAM
PRESENT
ABSENT
COUNCILMAN SCOTT
PRESENT
ABSENT
COUNCILWOMAN LANDRY
PRESENT
ABSENT
COUNCILMAN PALUMBO
PRESENT
ABSENT
PRESENT
ABSENT
MAYOR
MAYOR SMALL
CITY CLERK:
DAVID L. COHEN
PRESENT___
ABSENT___
CITY ATTORNEY:
CITY ATTORNEY JAY ROSS
PRESENT
MINUTE NOTES:
3
ABSENT
CITY COUNCIL MEETING
MINUTES
NOTES:
COMMITTEE RECOMMENDATIONS
4
1
APRIL 13, 2006
CITY OF DAPHNE
CITY COUNCIL
WORK SESSION
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
COUNCIL MEMBERS PRESENT: Cathy Barnette; John Lake; Greg Burnam; Ron
Scott; Regina Landry August Palumbo.
Absent: Bailey Yelding.
Also present: David Cohen, City Clerk; Rebecca Hayes, Assistant City Clerk; Jay Ross,
City Attorney.
1. CALL TO ORDER
Council President Burnam called the meeting to order at 6:40 p.m.
2. DISCUSS: TRI-COUNTY AGREEMENT / WATERSHED MANAGEMENT
PROGRAM
Mrs. Briley asked the Council how much they wanted to spend toward this project. She
stated that they have found out that you can’t use in-kind service, so the match will have
to be money. The match is now $165,000, and the indirect cost associated with the
project is not included with the match.
Mayor Small stated that they have asked ADEM to do some watershed studies in
Daphne.
Council discussed the pros and cons of participating in the grant.
Council President Burnam instructed the City Clerk to put the USEPA grant back on the
agenda with a written motion under the Mayor’s report to decline to participate in the
grant.
3. DISCUSS: ARONOV DEVELOPMENT AGREEMENT
Council discussed the agreement. Mrs. Barnette asked why Exhibit “B” and the legal
description that states the acreage were not included with the agreement. She wants them
included with the development agreement. Council discussed that the total participation
by the city will be $8,800,000.
4.
DISCUSS: BALDWIN COUNTY TRAILBLAZERS REQUEST FOR FUNDS
The Baldwin County Trailblazers are requesting a contribution from the city for a
Triathlon being held in Fairhope.
5
2
APRIL 13, 2006
CITY OF DAPHNE
CITY COUNCIL
WORK SESSION
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
Council President Burnam instructed Mrs. Briley to prepare and Ordinance to
appropriate funds, but to leave the amount blank, and the Council will fill in the blank at
the Council meeting.
5. DISCUSS: SIGN ORDINANCE
Council discussed the revisions to the sign ordinance.
6. DISCUSS: SCHOOL BOARD COMMITTEE
Council President Burnam stated that the committee should have three (3) members to avoid
having a quorum. He stated that the Council should appoint the members. He stated that the
Council will vote on it Monday.
Council President Burnam instructed the City Clerk to put this on Monday night’s
agenda, and to call the League of Municipalities tomorrow to check on forming a
committee to negotiate is covered under the Open Meetings Act and report his finding to
the Council.
7. DISCUSS: OTHER BUSINESS
Mr. Lake stated that the Baldwin County Economic Development Alliance and Chamber
of Commerce is holding a job fair at the Civic Center and is requesting that fee be
waived.
Council stated that the Mayor has the authority to waive fees and that he should take care
of the request.
Mr. Cohen stated that Dr. Ennis asked to be removed from the agenda.
There being no further business to discuss, the meeting adjourned at 8:00 p.m.
Respectfully submitted by
_______________________
David L. Cohen
City Clerk, MMC
Certification of Presiding Officer
___________________________
Greg Burnam
Council President
Date & Time Signed:__________
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1
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
1. CALL TO ORDER
Council President Burnam called the meeting to order at 6:36 p.m.
2. ROLL CALL/INVOCATION/PLEDGE OF ALLEGIANCE
Councilman John Lake gave the invocation.
COUNCIL MEMBERS PRESENT: Bailey Yelding Cathy Barnette; John Lake; Greg Burnam;
Ron Scott; Regina Landry; August Palumbo.
Also present: Mayor Small; David Cohen, City Clerk; Tim Fleming, Attorney; Bill Eady,
Planning Department Director; Ken Eslava, Public Works Director; David McKelroy, Recreation
Director; Mund Hanson, Fire Chief; David Carpenter, Police Chief; Sandra Morse, Civic Center
Director; Sharon Cureton, Human Resource Director; Richard Merchant, Building Official;
Nancy Seale, Library; Suzânne Henson, Senior Accountant; Melvin McCarley, Public Works
Supervisor; Preston Bolt, Bond Attorney; Willie Robison, BZA; Al Guarisco, Village Point;
Melinda Immel, Vokert & Associates.
ABSENT: Kim Briley, Finance Director; Jay Ross, City Attorney.
3. APPROVE MINUTES:
MOTION BY Mrs. Barnette to approve the Council Meeting minutes meeting held April 3,
2006. Seconded by Mrs. Lake.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
4. REPORT OF STANDING COMMITTEES:
A. FINANCE COMMITTEE – Scott
a.) Treasurers Report
MOTION BY Mr. Scott to accept the Treasurers Report as of March 31, 2006 with a
balance of $13,706,753.18. Seconded by Mr. Yelding.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
b.) Sales & Use Tax / February 28, 2006
Mrs. Landry reported that 11½% over budget was collected that is $90,000 more than budgeted.
The amount taken in for February was $878,123.
c.) Lodging Tax / February 28, 2006
The lodging tax collected for February is $50,684.11, which is up a little from last year.
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2
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
d.) MOTIONS:
1.) Reject: Dry Cleaning Bid
MOTION BY Mr. Scott to reject the Dry Cleaning Bid and authorize the Police
Department re-bid. Seconded by Mrs. Barnette.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
2.) Reject: USEPA Grant
MOTION BY Mrs. Barnette that the City of Daphne not enter into the USEPA Special
Appropriations Grant with the City of Fairhope and the City of Foley due to the matching
fund requirement. Seconded by Mr. Scott.
Discussion was held by Council with Mrs. Barnette stating that the project was designed to
address storm water problems in the three communities. The project was slated to begin in 2003,
and so the project is actually expiring in May, and they will need to get grant extension. The
matching funds for the City of Daphne amounted to $165,000, and the Council feels that money
can be better utilized, specifically, within the City of Daphne. The City has already entered into
an agreement with ADEM to do a watershed assessment for the D’Olive Watershed area.
Hopefully, there will be some other watershed management solutions that may be coming
forward from additional studies that they can participate in to actually be more effective locally.
She stated that the match had changed, because previously the city was told that they could use
in-kind service, staff and other things, and now it is basically cash. She stated that this is a
considerable change from what they were originally told.
The question was asked if the City of Foley going to go ahead, and will this encompass the whole
area anyway.
Mr. Rauch, with Hutchinson, Moore & Rauch, stated that as far as what happens to the money if
the City of Daphne decides not to participate, it will be up to the City of Fairhope if they want to
participate, and if not, then the City of Foley can make a decision if they want to utilize the grant.
He stated that they would have the option to go back EPA and restructure the scope of services
since the other communities will not be participating, or they could let the grant expire.
AYE
Yelding, Barnette, Scott, Landry, Palumbo, Burnam
NAY
MOTION CARRIED
There will not be a meeting in May due to Mrs. Briley being out of town.
8
Lake
3
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
B. BUILDINGS AND PROPERTY COMMITTEE – Lake
a.) Land Swap / AIG Baker
Mr. Eady gave a presentation showing slides of what properties are requested to be swapped. Mr.
Eady explained the swap and stated that he needs a paper trail because the city does not have a
deed for the property.
Council asked questions regarding how this would affect O’Charley’s business, and Mr. Eady
stated that O’Charley’s did not have a problem with it since the parking lot is not part of their
lease. Mr. Eady also stated that parking has been set aside across the street in an adjacent
parking lot, and that AIG Baker is going to build a walk zone to get across the street to the
restaurant.
Council discussed the restrictions on the parking lot, and Mr. Eady said that the city cannot sell
it, but they can exchange it. He stated that they did the same thing with the Rave Theatre.
Council discussed whether this was an out parcel or a parcel where revenue could be collected to
go toward the debt. Mr. Preston Bolt, Bond Counsel for the AIG Baker Agreement, was present
and answered that revenue could be collected from Starbucks to go toward payment of the debt.
Council also discussed whether an appraisal was necessary, they discussed that an appraisal was
not necessary for the land swap with the Rave Theater. Mr. Eady stated that Starbucks was
originally going into the Bass Pro Shopping Center. Council discussed that by agreeing to the
swap, they would bring revenue producing businesses to Daphne, instead of have just a parking
lot.
MOTION BY Mr. Scott to give Mr. Eady permission to proceed with the property swap
between the City of Daphne and AIG Baker. Seconded by Mr. Yelding.
AYE
Yelding, Lake, Scott, Landry, Palumbo, Burnam
NAY
Barnette
MOTION CARRIED
C. PUBLIC SAFETY – Burnam
The next meeting will be May 2nd at 4:30 p.m. in the Council Chambers. The public is
invited to come.
E. CODE ENFORCEMENT/ORDINANCE COMMITTEE – Landry
The Committee did not meet, because there were not any ordinances to consider. The
Committee will meet May 2nd if there are any ordinance to consider.
F. PUBLIC WORKS COMMITTEE/SOLID WASTE AUTHORITY – Yelding
There was not a meeting for March. Mr. Yelding stated that Public Works is doing a good job
with the sidewalks. Mr. Eslava stated that they will be moving into District #2 next week. The
next meeting will be April 28th at 8:00 a.m. in the Council
Chambers.
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4
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
G. SCHOOL BOARD COMMITTEE MOTION BY Mr. Scott to appoint Bailey Yelding, Cathy Barnette, and Greg Burnam to
the School Board Committee. Seconded by Mrs. Landry.
Council discussed whether to make the committee ad hoc or a sub committee to keep with the
Open Meetings Act.
MOTION BY Mr. Yelding to table the motion until they have clarification of the Open
Meetings Act.
Mr. Yelding withdrew his motion.
AYE
Yelding, Barnette, Lake, Scott, Landry, Palumbo
NAY
ABSTAIN
Burnam
MOTION CARRIED
NONE OPPOSED
Mrs. Barnette stated that when Council asks the City Attorney and City Clerk at a work session
to have legal answers for them, they would like to have them before the council meeting, not at
6:30 on the night of the Council meeting.
5. REPORTS OF SPECIAL BOARDS & COMMISSIONS:
A. Board of Zoning Adjustments – Eady
The minutes meeting held April 6th are in the packet. Mr. Eady stated that there was one request,
which was to build a church on Wilson Avenue, which was approved.
B. Downtown Redevelopment Authority – Barnette
Mrs. Barnette stated that the minutes for the April 10th meeting are in the packet. She stated that it
was an exciting meeting. There was discussion by a business owner who intends to build a restaurant
and shops by the Camellia Café. She also stated that the Authority finally received an estimate on the
cost of putting the utilities underground on Main Street in the Olde Towne District. She said that now
they can come before the Finance Committee with a proposal for funds. The Authority is still very
concerned regarding how the new south campus will affect the area.
C. Industrial Development Board – Yelding
The next meeting will be April 24th at 6:00 p.m. in the Council Chambers.
D. Library Board – Lake
Mr. Lake reported that the annual “Spring Into Reading” kickoff will be April 22nd from 11:00 a.m. to
2:00 p.m. He stated that the Library will be closed Memorial Day weekend to install new carpet. He stated
that the city is seeking applications for the position of Library Director.
10
5
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
Mayor Small reported that the Art Guild has painted a mural in the Kids Zone at the Library and invited
the Council to go have a look. He said hats off to the Art Guild for their hard work at the Library, and he
thanked the businesses that fed them while they were working on it.
D. Planning Commission – Barnette
MOTION BY Mrs. Barnette to set two Public Hearings to consider Rezoning Two Step Partners /
Property located at the Corner of 2nd Street and Van Buren Street / R-3 High Density Single Family
Residential District to B-2 General Business District, and an Amendment to the Land Use &
Development Ordinance / Sign Provisions for May 15, 2006. Seconded by Mr. Lake.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
Mrs. Barnette stated that the Planning Commission work session will be Wednesday at 9:00 a.m. and
the regular Planning Commission meeting will be next Thursday, April 27th at 6:00 p.m. in the Council
Chambers.
F. Recreation Board – Burnam
Mr. McKelroy stated that they will have a list of names at the next Council meeting. He stated that
they will meet the Wednesday before the Council work session at 6:00 p.m.
G. Utility Board – Scott
Mr. Scott stated that the next meeting will be Wednesday, April 26th at 5:00 p.m. in the Council
Chambers. He said that the minutes from the last meeting will be in the next Council packet.
6. REPORTS OF THE OFFICERS:
A. Mayor’s Report
1.) ABC License / Hooters Restaurant / 140 Special Event Retail
Mayor Small stated that he does not recommend this permit. He stated that this is not what they want
for the city.
A representative from Hooter’s was present to answer questions. She stated that there would be a tent,
that it would not be in the open. She stated that it is a swim suit competition where the girls compete
to go to Las Vegas to represent the area. She said that the girls compete for cash and scholarships.
Chief Carpenter stated that Hooter’s has hired two (2) off duty officers to be present during the
competition.
MOTION BY Mrs. Landry to approve the ABC Special Events Retail License for Hooter’s
Restaurant. Seconded by Mrs. Barnette.
AYE
ALL IN FAVOR
11
NAY NONE OPPOSED
MOTION CARRIED
6
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
2.) Eagle Scout Project by Phillip Wiese
Phillip Wiese, an Eagle Scout, presented his proposal for his project at Village Point Park Preserve to
the Council. He intends to build a gazebo in the park on May 6, & 7, 2007.
MOTION BY Mrs. Barnette to allow Eagle Scout, Phillip Wiese, to proceed with his project on
May 6, & 7, 2006 to be coordinated with the Public Works Director and the City Clerk.
Seconded by Mr. Lake.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
Mayor Small stated that when considering the Aronov Development Agreement that there is a
Resolution instead of an Ordinance. He stated that he thought they could do it with a motion, but the
City Attorney thought it would be good to have a Resolution, that it would be easier to research if
needed.
B. City Attorney’s Report
No report.
C. Department Head Comments
David McKelroy – Recreation Director – stated that Jazz in the Plaza is April 30th 5:00 – 9:00 p.m.
Sandra Morse – Civic Center Director – stated that the Spring Baldwin Pops Concert will be April
18th with the doors opening at 6:00 p.m. and the concert starting at 7:00 p.m. It is free admission.
Ken Eslava – Public Works Director – advised that County Road 64 will be closed Tuesday and
Wednesday from US 98 to Pollard Road. He stated that May Day Pier will be completed in a couple
of weeks. He reminded everyone that the Relay for Life is Friday 5:00 p.m. to 2:00 a.m.
7. PUBLIC PARTICIPATION
Mr.Malcom Zellner – Main Street – spoke regarding the Starbuck’s Coffee asking why can’t they go
into an existing building.
Mr. Drummond – Ridgewood Avenue – spoke regarding the O’Charley’s parking lot.
Ms. Diane O’Connor Page – Daphne – spoke regarding who represents the citizens of Daphne and
the School Board Committee.
Mr. Terry Redfern – County Road 13 – spoke regarding the funding of the Baldwin County
Trailblazers Triathlon event.
12
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APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
8. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER BUSINESS
RESOLUTIONS
a.) Authorize the Mayor to Enter Into a Joint Agreement with
Irvine Properties, Inc. and the Utilities Board of the
City of Daphne for Water and Sewer Line Improvements Along
Bayfront Park Drive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-31
b.) Renaming of a Portion of Dale Road “Bolton Drive” . . . . . . . . . . . . ./Resolution 2006-32
c.) Agreement / Daphne Volunteer Firefighters Assn and
City of Daphne / Service Truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /Resolution 2006-33
d.) Bid Award: 2006-P-Police Uniforms / Terry’s Uniforms &
Screen Printing, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /Resolution 2006-34
e.) Bid Award: 2006-Q-Police Uniforms Leather Gear /
Terry’s Uniforms & Screen Printing, Inc.. . . . . . . . . . . . . . . . . . . . . . . /Resolution 2006-35
f.) Prepaid Travel / Kim Briley / Suzanne Henson . . . . . . . . . . . . . . . . . /Resolution 2006-36
h.) Bid Award: 2006-S-Recreation Computers & Server /
Computer Backup, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /Resolution 2006-38
i.) Declaring Certain Personal Property Surplus and Authorizing
the Mayor to Dispose of Such Property. . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-39
j.) Redemption of Certain of the Series 1997 & 1999 Warrants . . . . . . . /Resolution 2006-40
k.) Authorizing the Filing a FY 2006 CDBG Hurricane Katrina Disaster
Relief Grant Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-41
l.) Authorizing the Mayor to Enter Into a Development
Agreement with Malbis Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Resolution 2006-42
MOTION BY Mrs. Barnette to waive
Lake.
AYE
ALL IN FAVOR
NAY
the reading of Resolution 2006-31.
NONE OPPOSED
13
Seconded by Mr.
MOTION CARRIED
8
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
MOTION BY Mrs. Barnette to adopt Resolution 2006-31.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION BY Mrs. Barnette to waive
Landry.
AYE
ALL IN FAVOR
Seconded by Mr. Lake.
MOTION CARRIED
the reading to Resolution 2006-32.
NAY NONE OPPOSED
MOTION BY Mrs. Barnette to adopt Resolution 2006-32.
Seconded by Mrs.
MOTION CARRIED
Seconded by Mr. Yelding.
Council discussed the right procedure for these kinds of Resolutions saying that they should come
before the Public Safety Committee first and then send to Planning Commission. The Fire Chief,
Police Chief and Public Works Director should be contacted and weigh in the decision.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to waive the reading of Resolution 2006-33, 2006-34, 2006-35,
2006-36, 2006-38, 2006-39, 2006-40, 2006-41, and 2006-42. Seconded by Mr. Scott.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to adopt Resolution 2006-33. Seconded by Mr. Scott.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to adopt Resolution 2006-34. Seconded by Mr. Yelding.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
14
MOTION CARRIED
9
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
MOTION BY Mrs. Barnette to adopt Resolution 2006-35. Seconded by Mr. Yelding.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to adopt Resolution 2006-36. Seconded by Mr. Scott.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to adopt Resolution 2006-38. Seconded by Mrs. Landry.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION CARRIED
MOTION BY Mrs. Barnette to reject Resolution 2006-39. Seconded by Mr. Lake.
ROLL CALL VOTE
Yelding
Barnette
Lake
Scott
AYE
Nay
Aye
Aye
Nay
Landry
Palumbo
Burnam
Barnette, Lake, Palumbo
Nay
Aye
Nay
Nay
Yelding, Scott, Landry, Burnam
MOTION FAILED
MOTION BY Mr. Scott to adopt Resolution 2006-39. Seconded by Mrs. Landry.
AYE Yelding, Scott, Landry, Palumbo, Burnam
NAY Barnette, Lake
MOTION CARRIED
MOTION BY Mrs. Barnette to adopt Resolution 2006-40. Seconded by Mr. Lake.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
15
MOTION CARRIED
10
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
MOTION BY Mrs. Barnette to adopt Resolution 2006-41. Seconded by Mr. Scott.
AYE
ALL IN FAVOR
NAY
NONE OPPOSED
MOTION BY Mrs. Landry to waive
Scott.
AYE
ALL IN FAVOR
MOTION CARRIED
the reading of Resolution 2006-42.
NAY NONE OPPOSED
Seconded by Mr.
MOTION CARRIED
MOTION BY Mrs. Landry to adopt Resolution 2006-42. Seconded by Mr. Scott.
Council discussed that the exhibits and legal description of the property were missing and wants
them included with the agreement before the Mayor signs, and when he signs it locks in the
$8,800,000.
AYE
Yelding, Lake, Scott, Landry, Palumbo, Burnam
NAY Barnette
MOTION CARRIED
ORDINANCES:
1ST READ
a.) Aronov Development Agreement . . . . . . . . . . . . . . . . . . . . . . . ./Ordinance 2006-31
b.) Annexation: Reynolds Property located on the Corner of US Hwy 98
and McIntyre Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Ordinance 2006-32
c.) Authorizing Issuance of 2006 Refunding & Capital
Improvement Warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./Ordinance 2006-35
d.) Appropriation of Funds: Trail Blazers. . . . . . . . . . . . . . . . . . . . ./Ordinance 2006-36
ORDINANCE 2006-31 WAS MADE RESOLUTION 2006-42
16
11
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
MOTIOIN BY Mrs. Barnette to suspend
Seconded by Mrs. Landry.
the rules to consider Ordinance 2006-35.
ROLL CALL VOTE
Yelding
Barnette
Lake
Scott
AYE
Aye
Aye
Aye
Aye
ALL IN FAVOR
Landry
Palumbo
Burnam
NAY
NONE OPPOSED
MOTION BY Mrs. Barnette to waive
Mr. Scott.
AYE
ALL IN FAVOR
NAY
Aye
Aye
Aye
MOTION CARRIED
the reading of Ordinance 2006-35.
Seconded by
MOTION CARRIED
NONE OPPOSED
MOTION BY Mrs. Barnette to adopt Ordinances 2006-35. Seconded by Mr. Scott.
AYE ALL IN FAVOR
NAY
MOTION CARRIED
NONE OPPOSED
ORDINANCES 2006-32 AND 2006-36 WERE MADE 1ST READ
Mr. Palumbo stated that there is a time line for Ordinance 2006-36 and wanted to consider the
Ordinance tonight.
MOTION BY Mr. Palumbo to suspend
Mr. Lake.
the rules to consider Ordinance 2006-36.
ROLL CALL VOTE
Yelding
Barnette
Lake
Scott
Aye
Nay
Nay
Aye
Landry
Palumbo
Burnam
AYE Yelding, Scott, Landry, Palumbo, Burnam
Aye
Aye
Aye
NAY
MOTION CARRIED
17
Barnette, Lake
Seconded by
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
12
ORDINANCE 2006-36 REMAINED A 1ST READ
8. COUNCIL COMMENTS
Mr. Yelding stated that during the last several meetings they have gotten involved in what should go
through committees and what shouldn’t go through committees. He feels that they should have a work
session to determine what should go through what committees and what committees is responsible for
what. Then when cases as what Mr. Eady brought before them tonight they will not have to get up there
and argue the point of where it should have come.
Mrs. Barnette stated that it is very hard to sit there in a professional manner and instill confidence in the
community when they are given stuff last minute, and not given information, for example, the land swap,
they did not have information and all are asking to do something right now. She stated that if it is an
emergency, she does not have a problem with it, but when you are asking to make a land swap for
example, they are just getting information, and some people already have it, she has a problem with right
now with no information. She said it is the same thing with switching up ordinances, she said that she
liked the idea that the Aronov agreement was in Ordinance form, had they done the CID that they had
previously discussed, it would have had a public comment period. She stated that they have had no real
input on this project from the community. She stated that she would like to see more support for the
Council in information from the services that they hire, that will not give it to them at 6:30 sitting at their
table and they don’t have time to look at something, and then be asked to make decisions. Mrs. Barnette
said the rigmarole that they had about Executive Sessions regarding the Education Committee, she said
they have asked these questions and they look stupid, and it is extremely frustrating to her. She said that
they are all trying to do an excellent job for the city, and they need a little help when they ask these
questions, or they have to be willing if they are not getting the answers that a development agreement or
whatever they are considering that night will just not happen. Mrs. Barnette stated that she does not like
doing business this way.
Mr. Lake stated that he is not against doing online auctions. He said that everything they do in the city
they compare prices before they make a decision. He said tonight they gave several bid awards and they
are far less than $50,000, and now they are allowing the sell of $50,000 worth of vehicles or anything and
set a precedent of what company it is, it is the “good ole boy” system of who everybody knows. Mr. Lake
said that they need to look at all the companies and see what they charge, and to see what it will cost if the
city does it. He thinks there are less expensive ways of selling the surplus. He thinks they need to find out
the track record of the company.
Mr. Scott stated that a wise man once told him not to major in minors. He said that the Finance
Department and the Mayor have saved the city a lot of money, millions of dollars, and for them not to give
them trust to execute a sale of some surplus vehicles that they know are worn out, to him that is majoring
in minors.
Mr. Palumbo thanked the City employees who put on a lunch last Friday as a fund raiser for the Relay for
Life, and he understands a couple of hundred dollars was raised, and he wanted to commend them. He
pointed out that the Daphne Bocci Club hosted some teams from Gulf Shores this past weekend that came
and played on the city’s courts and he has heard some very
18 positive comments about the surface and the
13
APRIL 17, 2006
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.
fact that it is a very good outdoor surface. He thanked the Recreation and Public Works Departments for
keeping the courts up. He said that they have two of the players at the meeting, Mr. Guarisco and Mr.
Drummond, who also help keep the courts in nice condition, and he thanked them for their help.
Council President Burnam stated regarding the School Committee meeting with the School Board, he
said that if not tonight, then no later than tomorrow they need to get together with the Mayor and form a
game plan and contact the Board no later than Wednesday morning if at all possible. He stated that he had
lost his cool earlier regarding the changing of the name of the street, and it was not directed at anyone, it
was directed at the situation. He said he does not know what the right procedure is. He instructed the City
Clerk to find out what the right procedure is, and to put the information in a memo so that they will all
know, and to send it to all department heads so that everyone knows and they are all on the same page. He
stated that is the way that it needs to be handled.
9. ADJOURN
MOTION BY Mrs. Lake to adjourn. Seconded by Mr. Scott.
AYE
ALL IN FAVOR
NAY NONE OPPOSED
MOTION CARRIED
THERE BEING NO FURTHER BUSINESS TO DISCUSS, THE MEETING ADJOURNED AT
8:30 P.M.
Respectfully submitted by,
____________________________
David L. Cohen, City Clerk, MMC
Certification of Presiding Officer:
___________________________________
Greg Burnam
Date & Time Signed: __________________
19
CITY COUNCIL MEETING
STANDING COMMITTEE RECOMMENDATIONS:
FINANCE COMMITTEE REPORT
BUILDINGS & PROPERTY COMMITTEE REPORT
PLANNING/ZONING/CODE ENFORCEMENT COMMITTEE REPORT
PUBLIC SAFETY/ORDINANCE COMMITTEE REPORT
PUBLIC WORKS/BEAUTIFICATION/MUSEUM COMMITTEE REPORT
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
Daphne Beautification Committee
City Hall 1705 Main Street Daphne, AL
Meeting Agenda
April 7, 2006 10:00 AM
Type of Meeting: General Membership Meeting
Chairperson: Carollee Grindel
Invitees:
City Liaison: Marshall Parsons, Marjorie Bellue
Members:
Carollee Grindel (4)
Vincent A. Russo (2) Anne Talton (7)
Jerry Guillott (4)
Nancy Henderson (3) Frieda Romanchuck (7)
Dorothy Morrison (2) Audry Rouire (6)
Marilyn O'Connor Moore (2)
Dorothy Rankins (5)
Patty Kerney (5)
Tomasina Werner (4)
Bea Wilson (2)
I. Call to order – 10:00 A.M.
II. Roll call – Present - Carollee Grindel, Jerry Guillott, Dorothy Rankins, Bea Wilson,
Anne Talton, Frieda Romanchuck, Marilyn O’Connor Moore and Tomasina Werner
III. Approval of minutes – The minutes of the March meeting were read and accepted as
read.
IV. Announcements - Frieda talked about the Planning Commissions upcoming meeting
later today and the need to pass a resolution to ban digital billboards and signs in
Daphne. A resolution motion was made and seconded with a unanimous vote for Frieda
Romanchuck and Carollee Grindel to write a resolution from the beautification
committee and present it at the meeting if it is necessary for discusstion.
V. Open business
a) Membership Update – This will be tabled until we have a problem in the future.
b) Easter Events and Decorations – A report was read by Frieda Romanchuck stating
that 55 large eggs and about 20 small eggs were painted. This took the committee
of Frieda Romanchuck, Patty Kearney, Nancy Henderson and Anne Talton two
mornings to accomplish. Also, the committee met and a motion was made,
seconded and passed unanimously for the purchased shrubs and greenery to be
used in the two locations that are to receive the Crepe Myrtles in Lake Forest.
76
These locations are one landscaped bed at Golf Terrace and Bayview and two
landscaped beds at Ridgewood and Bayview (south intersection).
c) Butterfly Garden/Monarch Waystation – D’Olive Boardwalk Park/Scenic
Overlook Hill – Anne Talton gave a report stating that Marshall Parsons will plant
an area with wildflower seed and water. Much more is needed to attach the
monarch butterflies and she recommended that Carollee Grindel replace her as cochair with Dorothy Morrison. Carollee accepted.
d) Rose Gardens – Marshall informed us that this area is redone and looks great.
e) Crepe Myrtle Trail – Anne Talton gave a report from the second meeting of this
sub-committee and their suggested areas for crepe myrtles. These areas are Lake
Forest intersection of Plaza Circle and Ridgewood, The triangle called
malfunction junction, Main Street from the Summit Building to the D’Olive
Creek, and the inter section of Lake Forest Blvd. And Windsor. A motion was
made, seconded and voted upon with a unanimous approval to accept these areas
for crepe myrtles.
VI. New business
Anne Talton asked for the Public Works water truck to water the shrubs planted by
Bellsouth around its boxes throughout Lake Forest. A motion was made, seconded and a
unanimous vote approved this work.
a. A resolution recommending additional personnel for Marshall Parsons office was
made. Marshall will do a study on the needs of his department.
VII. Public Works Report - Marshall informed us that the highway department will
allocate 3 acres for wildflowers in the four quadrums of the I-10 and Highway 98
Interchange. A discussion on the intersection of I-10 and Highway 181 asked the Public
Works Department to clean it up at Exit 38 as it is a gateway into Daphne. A motion
was made, seconded and a unanimous vote to clean this area up.
There is a need for two more subcommittees. A Beautification Awards subcommittee and
a Christmas Decorations subcommittee. Beautification Awards will be presented to
businesses once a quarter and the committee will be Jerry Guillott, Bea Wilson, Marilyn
O’Connor Moore and Carollee Grindel. The Christmas Decorations subcommittee will be
Frieda Romanchuck and Nancy Henderson.
A discussion was held and a motion was made for Marshall Parsons to purchase the
largest Christmas tree that he can find. This was seconded and the vote was unanimous in
favor of buying this tree. The Daphne Beautification budget will partially help finance
this purchase.
VIII. Adjournment – 11:29 a.m.
77
Daphne Beautification Committee
Member list
Grindel, Carollee
9830
27551 Claiborne Cir.
625-9830 625-2221 c-599-
[email protected]
Guillott, Jerry
27555 Claiborne Cir.
626-3020
Henderson, Nancy
104 Golmon Cir.
[email protected]
621-1135
Kearney, Patty
560 Wedgewood Dr.
625-0430
[email protected]
Morrison, Dorothy 727 Oak Bluff Dr.
[email protected]
621-0831 c-367-6161
Moore, Marilyn O’Connor 502 Polo Trace
[email protected]
626-4920
Rankins, Dorothy
626-7331
112 Winsor Ct.
Romanchuck, Frieda 30615 Laurel Ct.
[email protected]
447-0240 c-533-9472
Rouire, Audrey
626-9247
Russo, Vincent
Talton, Anne
112 Michochain Cir.
[email protected]
703 Hillwood Cir.
[email protected]
106 Hemphill Cir.
[email protected]
626-6533
621-1372
Werner, Tomasina
109 Brentwood Dr.
[email protected]
626-0227
Wilson, Bea
626-8789
132 Dunnford Hill Ct.
[email protected]
78
CITY COUNCIL MEETING
REPORTS OF SPECIAL COMMITTEES
NOTES:
BOARD OF ZONING ADJUSTMENTS REPORT:
DOWNTOWN REDEVELOPMENT AUTHORITY REPORT:
INDUSTRIAL DEVELOPMENT BOARD:
LIBRARY BOARD:
PLANNING COMMISSION REPORT:
RECREATION BOARD REPORT:
UTILITY BOARD REPORT:
79
March 27, 2006
CITY OF DAPHNE, AL
INDUSTRIAL DEVELOPMENT BOARD MEETING 6:00 P.M. at City Council
Chambers
1. CALL TO ORDER/ROLL CALL
Members present – Jack Ehlenberg, Nancy Cox, Toni Fassbender, Pokey Miller, and John
Lovelady
Also present – David Cohen, Bailey Yelding, and Bob Ingram
2. OLD BUSINESS
a. Approval of February 21, 2006 Minutes
Motion by Ms. Fassbender
Seconded by Ms. Cox
To approve the minutes.
ALL IN FAVOR
NONE OPPOSED
MOTION CARRIED
3. TREASURERS REPORT
Mr. Coulter provided a treasures report in his absence. He made a written recommendation of
placing $15,000 in a money market account with Wachovia to get a better rate of return.
Motion by Ms. Fassbender Seconded by Mr. Miller
To approve the treasures report and
place $15,000 in a money market account with Wachovia Bank.
ALL IN FAVOR
NONE OPPOSED
MOTION CARRIED
4. DAPHNE COMMERCE AND TECHNOLOGY CENTER
5. OTHER BUSINESS
6. ADJOURN
Motion by Ms. Fassbender Seconded by Mr. Miller
To adjourn.
THERE BEING NO FURTHER BUSINESS TO DISCUSS THE MEETING
ADJOURNED AT 6:54 P.M.
Respectfully Submitted,
_____________________
David L. Cohen, Secretary
Approved:
________________________
80
Jack Ehlenberg, Chairman
81
Daphne Library Board
April 10, 2006
Meeting Minutes
In Attendance:
Interim Library Director Nancy Seale, Board Members Glenn Swaney, Chairman, Gayle
Robinson and Cassandra Day. Also in attendance were Council Representatives Gus
Palumbo and John Lake. Absent were Anita Rigas and Ernie Seckinger.
Call to Order:
After a quorum was established, Glenn Swaney called the meeting to order at 4:30 p.m.
Reading and Approval of Minutes:
The minutes of the March 13, 2006 meeting were reviewed and approved as written.
Monthly Report:
The Monthly Report for March was presented to the Board and accepted. It was noted
that more people are using the Library this year than at this same time last year.
Old Business:
New carpeting will be installed over Memorial Day weekend in the fiction section of the
adult area of the Library. Ms. Seale and staff will remove the books on the Friday
preceding Memorial Day and workmen will remove the shelves. The carpet suppliers will
install the carpet on Saturday and Sunday preceding the holiday and the books and
shelves will be replaced early on Tuesday morning following the holiday. This will
minimize the Library disruption for the patrons.
There was more discussion about leasing a copier for the computer booths and for public
use copies. Mr. Swaney is working with the Mayor and Council to get this copier
approved. The Library computer technician will install the ethernet cable required. This
copier will replace all the individual internet printers together with their costly ink
cartridges and will pay for itself through the fees paid for copying by the patrons.
Councilman Gus Palumbo informed the Board that the bond issue was complete, which
includes 1 million dollars for the Library expansion.
New Business:
The search for the new Library Director was discussed. Councilman Palumbo asked if
the Library Board was responsible for the selection of the Director. Mr. Swaney stated
82
that legally the Board was responsible for the selection and control of the staff but that it
had always in the past worked with the Mayor and Council on these selections and would
continue to do so. He also stated that although the Board was somewhat autonomous, it
still served at the discretion of the Mayor and Council. The applications are to be closed
on April 28th.
Ron Allen approached Mr. Swaney about offering an Arts & Crafts Class with an
instructor from Mobile for senior citizens. It was mentioned that the special events
coordinator with the Recreation Department would be the person to approach about this
idea. Mr. Swaney stated that he would relay these comments to Mr. Allen.
Councilman John Lake mentioned a possible reception for Dale Foster.
Public Participation:
None
The meeting was adjourned at 5:50 p.m.
Respectfully submitted by Nancy Seale
83
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
CALL TO ORDER:
The Chairman stated the number of members present constitutes a quorum
and the regular meeting of the City of Daphne Planning Commission was
called to order at 6:00 p.m.
CALL OF ROLL:
Members Present:
Fred Small, Mayor
Jeff Carrico, Chairman
Larry Chason, Secretary
Warren West, Vice Chairman
DeLeon Thomas
Cathy Barnette, Councilwoman
Members Absent:
Ed Kirby
Carter Eide
Staff Present:
William H. Eady, Sr., Director of Community Development
Jan Dickson, Planning Coordinator
Jay Ross, Attorney
Tim Fleming, Associate Attorney
Nancy Anderson, GIS Technician
The Chairman stated the first order of business is the call to order.
Please let the record reflect that Mr. Eide and Mr. Kirby are absent
and the Commission has one position vacant. The next order of business
is approval of the minutes.
APPROVAL OF MINUTES:
The minutes of the February 23, 2006 regular meeting were considered
for approval. A copy of the minutes was furnished to us previously. If
there are no additions, deletions, or corrections at this time, the
Chair will entertain a motion.
A Motion was made by Ms. Barnette and Seconded by Mr. West to approve
the minutes of the regular meeting, subject to a revision on page 2
regarding the administrative review for the Eastern Shore Park
Landscape Plan. The Motion carried unanimously.
1
84
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
The Chairman stated the next order of business is under old business
is a zoning review for Two Step Partners, L.L.C.
OLD BUSINESS:
PETITIONS:
ZONING AMENDMENT REVIEW:
File Z06-01:
Location:
Area:
Owner:
Engineer:
Two Step Partners, L.L.C.
Northeast of U. S. Highway 98 and 2nd Street, 28720 2nd
Street
0.6 Acres +
Two Step Partners - Dr. Barry Booth and Celia Wallace
Hutchinson, Moore & Rauch - Doug Bailey
Present Zoning: R-3
Proposed Zoning:
B-2
Reference: Formerly the Cecil Parrish property
An introductory presentation was given by Mr. Bailey, representing
Hutchinson, Moore & Rauch, requesting the rezoning of lots 4, 5, 6,
and 7 of Block 56, of Park City Subdivision from a R-3, High Density
Single Family Residential, to a B-2, General Business, zone. We are
asking for the rezoning of this parcel for the use of the presently
constructed building for a business office facility. I will be happy
to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He opened the floor to public participation.
The adjacent property owner, Mr. Hull, addressed the Commission to
express his concerns regarding the proposed development and how it
would impact his property. The City Council had returned the zoning
amendment to the Planning Commission because his was notified of the
previous date for the Planning Commission meeting.
The Commission addressed the concerns of the adjacent property owner
and discussed at length its possible effect on the adjacent property.
The Chairman stated do any of the Commissioners have any further
questions or comments. He closed public participation. If there is no
objection, the Chair would entertain a motion.
A Motion was made by Mr. Chason and Seconded by Ms. Barnette for the
affirmative recommendation by the Planning Commission to the City
Council of Daphne for the rezoning for Two Step Partners, L.L.C. from
a R-3, High Density Single Family Residential, to a B-2, General
Business, zone.
The Motion carried unanimously.
2
85
Owner:
Owner:
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
The Chairman stated the next order of business under new business is
final plat review for Canaan Place Subdivision, Phase One-A.
NEW BUSINESS:
FINAL PLAT REVIEW:
File SDF06-07:
Subdivision:
Canaan Place, Phase One - A
Location:
Northwest corner of the intersection of County Road 54
and 54 East
Area:
10.01 Acres +, (12) lots
C & E, L.L.C.
Engineer:
Engineering Development Services - Jason Estes
An introductory presentation was given by Mr. Estes and Mr. Pickens,
representing Engineering Development Services, requesting final plat
approval of a ten-acre subdivision consisting of twelve lots located
at the Northwest corner of the intersection of County Road 54 and 54
East. We will be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair would
entertain a motion.
A Motion was made by Mayor Small and Seconded by Mr. Kirby to approve
the final plat for Canaan Place Subdivision, Phase One-A. The Motion
carried unanimously.
The Chairman stated the next order of business is final plat review
for Cotton Ridge Estates.
File SDF06-04:
Subdivision:
Cotton Ridge Estates
Location:
The East side of County Road 54
Area:
14.4 Acres +, (38) lots
B & B Development
Engineer:
Moore Engineering - Seth Moore
An introductory presentation was given by Mr. Moore, representing
Moore Engineering, requesting final plat review of a fourteen-acre
subdivision consisting of thirty-eight lots located on the East side
of County Road 54. The owner of the subdivision has posted a
performance bond in the amount of one hundred fifty times the total
cost of the improvements and they are requesting final plat approval.
I will be happy to answer any questions you may have.
Mr. Chason commented on the County’s commitment to address drainage in
3
86
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
this area by installing a pipe to the East of this property on County
Road 54. He requested the owners to commit to post a bond and
construct the improvements if the County had not done so by the
completion of the project.
Mr. Moore stated Baldwin County has agreed to this project due to the
fact that someone is proposing to develop a subdivision adjacent to
this site. They did not however commit to a time frame.
Matt Burn and Todd Boothe, B & B Development, the owners of the Cotton
Ridge Estates, agreed to approach the County regarding this matter and
construction the improvements along County Road 54, if it is not done
in a timely manner by the County.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair will
entertain a motion.
A Motion was made by Mr. Chason and Seconded by Ms. Barnette to grant
Final Plat approval to Cotton Ridge Estates. The Motion carried
unanimously.
The Chairman stated the next order of business is final plat review
for Tealwood Subdivision, Phase Two.
File SDF06-05:
Subdivision:
Location:
Area:
Owner:
Engineer:
Tealwood, Phase Two
Southeast of the intersection of County Road 64 and 13
12.59 Acres +, (21) lots
YIA Development, L.L.C.
Engineering Development Services - Jason Estes
An introductory presentation was given by Mr. Estes and Mr. Pickens,
representing Engineering Development Services, requesting final plat
approval of a twelve-acre subdivision consisting of twenty-one lots
located Southeast of the intersection of County Road 64 and 13. The
subdivision is complete, and the owner is asking for final approval.
We will be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair would
entertain a motion.
A Motion was made by Mr. West and Seconded by Mayor Small to approve
the final plat for Tealwood Subdivision, Phase Two. The Motion carried
unanimously.
The Chairman stated the next order of business is final plat review
for Bellewood Subdivision.
4
87
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
File SDF06-08:
Subdivision:
Location:
Area:
Owner:
Engineer:
Bellewood
Lot 1 of Tristan Lazzari Farms Subdivision on County
Road 64, Southeast of Rolling Meadows Subdivision
11.11 Acres +, (20) lots
Tristan Lazzari
Engineering Development Services - Jason Estes
An introductory presentation was given by Mr. Estes and Mr. Pickens,
representing Engineering Development Services, requesting final plat
approval of an eleven-acre subdivision consisting of twenty lots
located
on Lot 1 of Tristan Lazzari Farms Subdivision on County Road 64,
Southeast of Rolling Meadows Subdivision.
The subdivision is
complete, and the owner is asking for final approval. We will be happy
to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He commented on the report which outlined the
inadequacies with this subdivision given to us by Ashley Campbell, the
Site Containment Officer.
Mr. Eady, the Director of Community Development, stated these pictures
and the report was provided to the department after the final
inspection was
conducted. In the future, final inspections will be
conducted by Mr. Eslava, Ms. Campbell, and myself at the same time to
avoid this in the future. A report will be provided to you by Ms.
Campbell the same as the memorandum that is provided by Mr. Eslava.
The Chairman stated he was not comfortable approving the final plat
after seeing Ms. Campbell’s report.
Mr. Estes requested that final plat approval conditioned upon no
signatures would be obtained on the plat until such time the punch
list is addressed and the approval is given by Ms. Campbell.
Mr. Eady, the Director of Community Development, and Mr. Ross, the
City Attorney, agreed that this would be acceptable.
The Chairman stated do any of the Commissioners or Mr. Eady have any
further questions or comments. If there is no objection, the Chair
would entertain a motion.
A
Motion
was
made
by
Mr.
Chason and Seconded by Ms. Barnette to
5
88
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
approve
the final plat for Bellewood Subdivision.
An Amended Motion was made by Mr. Chason and Seconded by Ms. Barnette
to approve the final plat for Bellewood Subdivision, subject to the
owner not obtaining signatures until he has addresses the issues
satisfactorily with Mr. Eady, the Director of Community Development,
and Ashley Campbell, the Site Containment Officer. The Motion carried
unanimously.
The Chairman stated the next order of business is final plat review
for Rolling Meadows Subdivision.
File SDF06-09:
Subdivision:
Location:
Area:
Owner:
Engineer:
Rolling Meadows
The intersection of County Roads 64 and 54
28.89 Acres +, (56) lots
Tristan A. Lazzari
Engineering Development Services - Jason Estes
An introductory presentation was given by Mr. Estes and Mr. Pickens,
representing Engineering Development Services, requesting final plat
approval of a twenty-eight acre subdivision consisting of fifty-six
lots located at the intersection of County Roads 64 and 54. The
subdivision is complete, and the owner is asking for final approval.
We will be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He commented on the report which outlined the
inadequacies with this subdivision given to us by Ashley Campbell, the
Site Containment Officer. Do any of the Commissioners or Mr. Eady have
any further questions or comments? If there is no objection, the Chair
would entertain a motion.
A Motion was made by Mr. Chason and Seconded by Ms. Barnette to
approve the final plat for Rolling Meadows Subdivision, subject to the
owner not obtaining signatures until he has addresses the issues
satisfactorily with Mr. Eady, the Director of Community Development,
and Ashley Campbell, the Site Containment Officer. The Motion carried
unanimously.
The Chairman stated the next order of business is final plat review
for Belle Meadows Subdivision.
File SDF06-10:
Subdivision:
Location:
Area:
Belle Meadows
Northeast corner of County Road 54 and Garrett Road
5 Acres +, (13) lots
6
89
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
Owner:
Engineer:
Glover Builders, Inc. - Charles Glover
Orion Engineering - Brad Peacock
An introductory presentation was given by Mr. Peacock, representing
Orion Engineering, requesting final plat approval of a five-acre
subdivision consisting of thirteen lots located Northeast corner of
County Road 54 and Garrett Road. The subdivision is complete, and the
owner is asking for final approval. He commented on the drainage
concerns of the Planning Commission. He outlined for them the function
of the drainage design for this subdivision. I will be happy to answer
any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair will
entertain a motion.
Mr. Chason stated he had discussed the information provided to the
Commission by Mr. Peacock. He stated he was comfortable with the
proposal.
A Motion was made by Mr. West and Seconded by Mayor Small to approve
the final plat for Belle Meadows Subdivision. The Motion carried
unanimously.
The Chairman stated the next order of business is preliminary/final
plat review for the Resubdivision of Lots 17, 18, and 19, Jackson Oaks
Patio Homes.
PRELIMINARY/FINAL PLAT REVIEW:
File SDPF06-02:
Subdivision:
Location:
Area:
Owner:
Surveyor:
The Resubdivision of Lots 17, 18, and 19, Jackson Oaks
Patio Homes
On the East side of Main Street
0.33 Acres +, (2) lots
Rob Davis
GEO Surveying - Matt Kountz
An introductory presentation was given by Mr. Davis, the owner,
requesting preliminary/final plat review of a 0.33 acre subdivision
consisting of two lots located on the East side of Main Street. I will
be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He opened the floor to public participation.
With
no
adjacent
property
owners
present,
he
closed
public
participation. If there is no objection, the Chair will entertain a
motion.
7
90
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
A Motion was made by Mayor Small and Seconded by Mr. West to grant
Preliminary/Final Plat approval to the Resubdivision of Lots 17, 18,
and 19, Jackson Oaks Patio Homes. The Motion carried unanimously.
The Chairman stated the next order of business is master plan review
for Eastfield Subdivision.
An introductory presentation was given by Mr. Russell, representing
McCrory & Williams, requesting Master Plan review for Eastfield
Subdivision.
The Chairman stated the next order of business is preliminary plat
review for Eastfield Subdivision.
PRELIMINARY PLAT REVIEW:
File SDP06-06:
Subdivision:
Location:
Area:
Engineer:
Eastfield, Phase One
Lies
between
Rigsby
Road
and
County
Road
54,
approximately one thousand three hundred and twenty
feet South of Larry Road
40.03 Acres +, (82) lots
McCrory & Williams - Daryl Russell
An introductory presentation was given by Mr. Russell, representing
McCrory & Williams, requesting preliminary plat review of a forty-acre
subdivision consisting of eighty-two lots which lies between Rigsby
Road and County Road 54, approximately one thousand three hundred and
twenty feet South of Larry Road. He stated I have redesigned the
drainage for the subdivision and addressed the concerns that you
expressed at site preview. This is demonstrated by the drainage
criteria displayed on power point and the information given to each of
you. I will be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He opened the floor to public participation.
The adjacent property owner, Ms. McKnight, addressed the Commission to
express her concerns regarding the proposed development and how it
would impact her property with regards to drainage.
The Commission addressed the concerns of the adjacent property owner
and discussed at length its possible effect on the adjacent property.
The Chairman stated do any of the Commissioners have any further
questions or comments. He closed public participation. If there is no
8
91
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
objection, the Chair would entertain a motion.
A Motion was made by Ms. Barnette and Seconded by Mr. West to approve
the master plan and preliminary plat for Eastfield, Phase One. The
Motion carried unanimously.
The Chairman stated the next order of business is master plan review
for the Reserve Subdivision.
An introductory presentation was given by Mr. Rebol, representing
Rebol-Battle & Associates, requesting revised master plan review for
the Reserve Subdivision.
Ms. Barnette apologized for her absence at site preview. She stated she
was concerned about the proposed mixed use development of the Reserve
Subdivision and would not feel comfortable approving the master plan at
this time.
The Commission discussed the master plan with regard to the mixture of
residential and commercial development, access to both U. S. Highway 90
and County Road 64, through traffic, and the design of the right-ofways in order to control speed.
The Chairman stated the next order of business is preliminary plat
review for the Reserve Subdivision, Phase II.
File SDP06-05:
Subdivision:
Location:
Area:
Owner:
Engineer:
The Reserve, Phase II
On U. S. Highway 90 and Fish River East of Plantation
Hills Subdivision
25 Acres +, (34) lots
Daphne Investment Group, L.L.C.
Rebol - Battle & Associates - Paul Battle
An introductory presentation was given by Mr. Rebol, representing
Rebol-Battle & Associates, requesting preliminary plat review of a
twenty-five acre subdivision consisting of thirty-four lots located on
U. S. Highway 90 and Fish River immediately East of Plantation Hills
Subdivision. He stated I will be happy to answer any questions you may
have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He opened the floor to public participation.
With
no
adjacent
property
owners
present,
he
closed
public
participation. If there is no objection, the Chair will entertain a
motion.
A Motion was made by Mr. Chason and Seconded by Ms. Barnette to table
the master plan and preliminary plat for the Reserve Subdivision and
9
92
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
Phase One. The Motion carried unanimously.
Ms. Dickson stated Mr. Chairman please ask Mr. Rebol if he would waive
the thirty-day requirement.
The Chairman asked Mr. Rebol if he would like to waive the thirty-day
requirement.
Mr. Rebol stated yes.
The Chairman stated the next order of business is preliminary plat
review for Churchill Subdivision, Phase II.
File SDP06-07:
Subdivision:
Churchill, Phase II
Location:
Area:
Owner:
On U.S. Highway 31 near Shambo Road
99.5 Acres +, (158) lots
Media General Convergence, Inc./Joseph and Catherine
Bertagnolli
Engineer:
Hutchinson, Moore & Rauch - Ray Moore
An introductory presentation was given by Mr. Christopher Baker,
representing Hutchinson, Moore & Rauch, requesting preliminary plat
approval of a ninety-nine acre subdivision consisting of one hundred
and fifty-eight lots located on U.S. Highway 31 near Shambo Road. I
will be happy to answer any questions you may have.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He opened the floor to public participation.
The adjacent property owner, Ms. Mixon, addressed the Commission to
express her concerns regarding the proposed development and how it
would impact her property. She read a letter from which outlined her
concerns regarding a thirty-foot dedicated easement which accessed her
daughter and son’s property to the North.
The Commission addressed the concerns of the adjacent property owner
and discussed at length its possible effect on the adjacent property.
The Chairman asked Mr. Ross, the attorney, if this was something that
the Planning Commission needs to address.
Mr. Ross stated the question of the deeded thirty-foot ingress and
egress easement for the adjacent properties would be an issue that
would have to be addressed between the developer and the property
owners. The Planning Commission would not have jurisdiction to make a
decision on this matter.
The Chairman stated do any of the Commissioners have any further
questions or comments. He closed public participation. If there is no
objection, the Chair would entertain a motion.
10
93
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
Mr. Baker stated that the adjacent property owner would still have
access to the easement through the paved right-of-way contained within
the subdivision.
A Motion was made by Mayor Small and Seconded by Mr. Chason to grant
Preliminary Plat approval to Churchill Subdivision, Phase II. The
Motion carried unanimously.
The Commission recessed at 7:40 p.m. and reconvened at 7:50 p.m.
Mr. West stated that he had a prior engagement and requested to be
excused.
The Chairman stated the next order of business is administrative
presentation review for Eastern Shore Park Landscape Plan.
ADMINISTRATIVE PRESENTATION:
An introductory presentation was given by Mr. Kent Broom, representing
Kent Broom Architects, and Frank Johnston, representing Malbis
Properties, L.L.C., of a proposed landscape plan for Interstate 10
North of Eastern Park Subdivision.
Mr. Broom stated we have taken the landscape plan that was presented at
the last meeting and addressed the issues expressed by the Planning
Commission with regard to the landscaping. The Alabama Department of
Transportation expressed some concerns about the location of the
Azaleas and the plantings to the West. Therefore, we have added a
larger planting area increased by a third to clear the visibility. We
accomplished this by placing the Azaleas around the Bermuda.
A Motion was made by Ms. Barnette and Seconded by Mr. Chason to approve
the revision to the landscape plan for Interstate 10 North of Eastern
Park Subdivision. The Motion carried unanimously.
The Chairman stated the next order of business is master plan review
for the Shadowbrook Subdivision.
An
introductory
presentation
was
given
by
Mr.
Joel
Coleman,
representing Rester & Coleman Engineers, and the owner, the Mitchell
Company, requesting master plan review of a proposed four-phase
development consisting of one hundred and sixty acres and three hundred
and three lots located on the East side of Alabama Highway 181, South
of Bellaton Subdivision. I have addressed the concerns of the Planning
Commission with regard to density. I have outlined two new options
which are Alternate One-A and Alternate One-B.
A Motion was made by Mayor Small and Seconded by Mr. Chason to grant
master plan approval to Alternate One-A for Shadowbrook Subdivision.
The Motion carried unanimously.
11
94
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
The Chairman stated the next order of business is an administrative
review for Antonio Bolton.
An introductory presentation was given by Mr. Eady, the Director of
Community Development, requesting that the City of Daphne change the
name of a portion of Dale Road to Bolton Drive. He stated the request
was made by Mr. Bailey Yelding, Councilman. The request was approved by
Baldwin County 911. The memorandum is contained in your packet.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair will
entertain a motion.
A Motion was made by Ms. Barnette and Seconded by Mayor Small to
favorably recommend from the Planning Commission
to the City Council giving the name Bolton Drive
to a portion of Dale Road. The Motion carried
unanimously.
The Chairman stated the next order of business is an administrative
review for Via Dolorosa.
An introductory presentation was given by Mr. Deven Moore, the owner,
requesting revised preliminary plat review of Via Dolorosa. He stated
we have purchased a portion of the property to the South of our
development and reconfigured the right-of-way to address some concerns
which were expressed in our earlier presentation before the Commission.
I have given you a revised drawing of the plat. I am requesting a
revision to the previous approval.
Mayor Small stated he was contacted by Mr. Moore to request approval of
the revision because Mr. Eady had expressed that it should be a
Commission decision rather than staff. He requested the Commission
review and decide whether or not to approve the revision.
The Chairman asked the attorney how many members would have to be
present to vote on this matter.
Mr. Ross stated six. It takes six affirmative votes to approve a
subdivision or a revision thereto.
Mr. Moore stated Mr. West was present and you had six.
The Chairman stated I recognized that we were going to discuss this
matter, but I was not aware that we would be asked to vote.
Mayor Small asked if the authority could be given to Mr. Eady to review
and make a decision on this proposal.
12
95
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. He commented on the submittal of revisions or
new items after site preview. He expressed his unhappiness with the
amount of documents provided to the Planning Commission subsequent to
site preview and stated this would not be allowed in the future. The
only revisions which will be acceptable would be those directed by the
Planning Commission. He advised
Mr. Moore to submit his proposed
revision to his plat to the Community Development Department for review
and advertisement.
The next order of business is the attorney’s report.
ATTORNEY’S REPORT:
An introductory presentation was given by Mr. Tim Fleming, Associate
Attorney, of a revision to the City of Daphne Land Use and Development
Ordinance, Article XXXIII, Sign Ordinance.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments.
Mr. Ben Meisler, the owner of Holiday Inn being constructed at Alabama
Highway 181 and Interstate 10, requested to address the Commission
regarding the ordinance. He requested consideration of the section
regarding interstate corridor signs.
Mr. Ben Meisler, upon completion of the construction of my facility, I
wish to erect a sign which will allow the hotel visibility from the
interstate. This ordinance has been under advisement for more than nine
months.
Ms. Freida Romanchuck stated she was a member of the sign committee and
instrumental in assisting in the preparation of the proposed
amendments. She requested a recommendation to the City Council since
all possible consideration and revisions/additions that had been made.
The Chairman stated do any of the Commissioners or Mr. Eady have any
questions or comments. If there is no objection, the Chair will
entertain a motion.
A Motion was made by Mayor Small and Seconded by Mr. Chason for the
affirmative recommendation by the Planning Commission to the City
Council of Daphne for the proposed amendments to the Land Use and
Development Ordinance, Sign Provisions.
Ms. Barnette stated I believe the revisions to the sign ordinance
should be discussed at a work session prior to consideration.
The Motion was withdrawn.
13
96
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
A Motion was made by Mayor Small and Seconded by Mr. Chason to table
the
proposed
amendments to the Land
Use
and
Development
Ordinance,
Sign
Provisions. The Motion
carried unanimously.
PUBLIC PARTICIPATION:
Ms. Karen Nady expressed her concerns regarding allowing public
participation. I stayed to hear the discussion regarding the sign
ordinance. Prior to the presentation, Mr. Moore proposed a revision to
his subdivision, Via Dolorosa, which was not on the agenda nor had the
adjacent property owners been notified. I am not an adjacent property
owner, but I do live in near the development. If I had not been here
and stayed I would not have known.
PLANNING COMMISSION DISCUSSION:
A Motion was made by Ms. Barnette and Seconded by Mr. Chason to request
that the report provided by Ms.
Ashley
Campbell,
the
Site
Containment Inspector, be made a
part of the Planning Commission
packet each month. The Motion
carried unanimously.
ADJOURNMENT:
The Chairman stated do any of the Commissioners or Mr. Eady have any
further questions or comments. If there is no objection, the Chair will
entertain a motion to adjourn.
A Motion was
unanimously.
made
and
Seconded
to
adjourn.
The
Motion
carried
There being no further business, the meeting was adjourned at 8:50 p.m.
Respectfully submitted by:
Jan Dickson, Planning Coordinator
APPROVED:
April 27, 2006
14
97
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
Jeff Carrico, Chairman
15
98
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
16
99
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
REGULAR MEETING OF MARCH 30, 2006
(RESCHEDULED REGULAR MEETING OF MARCH 23, 2006)
COUNCIL CHAMBERS, CITY HALL - 6:00 P.M.
17
100
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
SPECIAL MEETING OF APRIL 7, 2006
COUNCIL CHAMBERS, CITY HALL - 3:00 P.M.
CALL TO ORDER:
The Chairman stated the number of members present constitutes a quorum
and the special meeting of the City of Daphne Planning Commission was
called to order at 3:03 p.m.
CALL OF ROLL:
Members Present:
Fred Small, Mayor
Jeff Carrico, Chairman
Larry Chason, Secretary
Warren West, Vice Chairman
DeLeon Thomas
Cathy Barnette, Councilwoman
Ed Kirby
Members Absent:
Carter Eide
Staff Present:
William H. Eady, Sr., Director of Community Development
Jan Dickson, Planning Coordinator
Jay Ross, Attorney
Tim Fleming, Associate Attorney
Staff Absent:
Nancy Anderson, GIS Technician
NEW BUSINESS:
The Chairman stated the first order of business is the call to order.
Please let the record reflect that Mr. Eide is absent and the
Commission has one position vacant. The next order of business is the
attorney’s report. An administrative presentation shall be given by
Mr. Tim Fleming, the Associate Attorney, of a proposed amendment to
the City of Daphne Land Use and Development Ordinance, Sign
Provisions. He requested that Mr. Fleming approach the podium to
present the changes to the Commission.
Mayor Small suggested that Mr. Fleming read the ordinance.
The Chairman requested that Mr. Fleming read each section which will
be amended so the Commission could review the changes.
Mr. Fleming explained that each strike out would be a portion of the
section which will be removed. The verbiage which is italicized and
1
101
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
SPECIAL MEETING OF APRIL 7, 2006
COUNCIL CHAMBERS, CITY HALL - 3:00 P.M.
underlined is the new language which is proposed.
A Motion was made by Mayor Small and Seconded by Mr. Kirby to table
the ordinance in order to allow the Planning Commission sufficient
time for review.
After much discussion, Mr. Kirby withdrew his second.
Discussion regarding Article XXXIII, Section 33-10 (k), the addition
of the section for digital display signs proposed by Mr. Chason.
Mr. Kirby commented on the fact that the digital display sign at the
intersection of Alabama Highway 181 and County Road 64 was a
nonconforming sign because state law says that the sign ordinance
portion of our ordinance regulates signage in the extraterritorial
planning jurisdiction.
Mayor Small stated he has spoken with Mr. Wayne Dyess, the Director of
Baldwin County’s Planning/Zoning Department, with regard to this
matter and it is being addressed.
A Motion was made by Mayor Small and Seconded by Mr. Kirby to remove
XXXIII, Section 33-10 (k), digital display signs. The Motion carried.
Mr. Chason opposed.
Discussion
regarding
Article
XXXIII,
Section
33-10(l)interstate
corridor signs to address signage for Comfort Suites, the new hotel
near Hilton Garden Inn, and Hilton Garden Inn.
Mr. Fleming read each section and outlined the proposed changes to the
ordinance. The following sections are proposed to be amended and/or
added to the Sign Provisions: Sections 33-5 (e)(2), 33-5 (h), 33-5
(i), 33-9 (a), 33-10 (l) and 33-10 (m). The changes addressed
recognizing national and stated holidays for advertising, commercial
retail signage, allowing signage for interior private streets of
shopping centers, and interior corridor signs.
The Commission recessed at 4:45 p.m. and reconvened at 4:50 p.m.
A Motion was made by Mayor Small for the affirmative recommendation by
the Planning Commission to the City Council of Daphne for the proposed
amendments to the Land Use and Development Ordinance, Section 33-5
(e).
Mayor Small withdrew his motion.
A Motion was made by Mayor Small and Seconded by Mr. Kirby for the
affirmative recommendation by the Planning Commission to the City
Council of Daphne for the proposed amendments to the Land Use and
2
102
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
SPECIAL MEETING OF APRIL 7, 2006
COUNCIL CHAMBERS, CITY HALL - 3:00 P.M.
Development Ordinance, Sign Provisions, to include the following:
Article 33, Section Sections 33-5 (e)(2), 33-5 (h), 33-5 (i), 33-9
(a), 33-10 (l) and 33-10 (m). The Motion carried. Ms. Barnette
opposed.
PUBLIC PARTICIPATION:
Ms. Victoria Phelps, a concerned resident, commented on the need for
more points for the public to have bay access as the Planning
Commission addressed future planning and development in the area.
ADJOURNMENT:
The Chairman stated do any of the Commissioners or Mr. Eady have any
further questions or comments. If there is no objection, the Chair
will entertain a motion to adjourn.
A Motion was
unanimously.
made
and
Seconded
to
adjourn.
The
Motion
carried
There being no further business, the meeting was adjourned at 5:25
p.m.
Respectfully submitted by:
Jan Dickson, Planning Coordinator
APPROVED:
April 27, 2006
Jeff Carrico, Chairman
3
103
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
SPECIAL MEETING OF APRIL 7, 2006
COUNCIL CHAMBERS, CITY HALL - 3:00 P.M.
4
104
THE CITY OF DAPHNE
PLANNING COMMISSION MINUTES
SPECIAL MEETING OF APRIL 7, 2006
COUNCIL CHAMBERS, CITY HALL - 3:00 P.M.
5
105
DAPHNE RECREATION BOARD
MINUTES OF THE MEETING
April 13, 2006
Organizational Meeting
Present: Mayor Fred Small, Councilman Gus Palumbo, Councilman Greg Burnam,
Councilman John Lake, David McKelroy – Recreation Director, Matt Cunningham, Kit
Smith, Rick Cleveland, Eric Smith and Glen Vickery
Councilman Palumbo lead the meeting in discussing the purpose the Recreation Board,
the purchase of property for recreation and the shortage of facilities in the Daphne
community.
The Wednesday before the second Council Meeting at 6:00pm was agreed upon as the
regular meeting time for the board.
Having no further business, meeting was adjourned.
________________________________________________________________________
Monthly meetings are as follows:
May 10
June 14
July 12
August 16
September 13
October 11
November 15
December 13
106
MINUTES
Utilities Board of the City of Daphne
March 1, 2006
5:00 P.M.
I.
Call to Order
II.
Roll Call:
The Utility Board Meeting was called to order by the Chairman, Bob Segalla, at 5:00
p.m. on Wednesday, March 1, 2006.
Members Present:
Robert Segalla, Chairman; Ron Scott, Vice Chairman; Mayor
Fred Small; Bob Patterson; Lloyd Taylor, Board Attorney
Absent: Lon Johnston, Secretary Treasurer
Others Present: Rob McElroy, Stan Clayton, Danny Lyndall, Teresa Logiotatos,
Deloris Brown, Stephnie Merchant, Ruth McCulloh, Ray Moore,
Melinda Immel, Andrew Bolar, Terry Cawthron, Tim Jones, Kenny
Johnson
III.
Pledge of Allegiance
IV.
Approval of Minutes
Mr. Segalla commended Kevin Bryant and the Water Reclamation Department on the
Grease Recycling Program. He thanked the employees who took time to assist with
the community benefit at Lott Park for PD Raines who was seriously injured in Iraq.
The Board reviewed the minutes from the January 25, 2006, Utility Board Meeting.
Mayor Small made a motion to approve the minutes from January 25, 2006, and
Mr. Patterson seconded the motion; all were in favor.
V.
Old Business
A. Brookhaven Subdivision
Mr. Taylor advised the Board that he had sent the attorney for Belforest Water a
letter requesting finalization of the agreement defining the territory for water
services in the Brookhaven Subdivision.
B. Sale of Property by the Utilities Board
Mr. Segalla reviewed a letter from Tim Fleming, of Ross & Jordan, P.C., regarding
the sale/disposal of property and stated that the sale was permissible if the
property was exchanged for fair value. Mr. Taylor advised the Board that he had
requested the City Attorney to prepare a resolution for the City Council to pass to
satisfy the title requirement for the property.
107
1
MINUTES
Utilities Board of the City of Daphne
March 1, 2006
5:00 P.M.
C. Fire Hydrant Maintenance
Mr. McElroy advised the Board that the decision was still in the Fire Chief’s
hands and that he did not have any new information. Mr. Segalla stated that
whoever performs the maintenance will take 100% of the functions related to the
program and that it will not be a joint effort.
D. Sewer Non-connect Status
Mr. Clayton advised the Board that he had met with Judge Doyle and Mr.
Scroggins to review the Sewer Ordinance. The Board discussed the current
process and procedures. Mr. Taylor stated that the Board needed to pass a
resolution requiring sewer connection within six months to be consistent with the
City Ordinance.
Mayor Small made a motion to adopt a resolution to reflect a six month sewer
connection requirement and Mr. Scott seconded the motion; all were in favor.
VI.
New Business
A. Park City Water Authority Agreement
The Board reviewed the proposed agreement from Park City Water System
allowing Park City to bill for sewer usage and in return pay Daphne Utilities. The
Mayor discussed problems with garbage fee collections from the Park City
residents. Mr. Taylor stated that the agreement would be acceptable once a rate
structure is established.
Mr. Scott made a motion to approve the agreement with Park City Water System
contingent upon a rate structure being set, and Mayor Small seconded the
motion; all were in favor.
B. Daphne Utilities Reorganization Plan
Mr. McElroy advised the Board that a new organizational chart was included in the
agenda packet and that he would review the reorganization details in his General
Manager’s report.
VII.
Finance Reports
A. Financial Reports for Month Ending January 31, 2006.
Mrs. Logiotatos reviewed and discussed the Summary Report, Balance Sheet,
Combined Reports, Departmental Reports, Allocation of Support Report, Cash
Flow Report, Projected Cash/Cash Payment Report, and Check History Report for
month ending January 31, 2006, with the Board.
VIII.
Board Attorney’s Report
Mr. Taylor updated the Board on the status of the Krystal Ridge Natural Gas
Agreement, Park City Water Agreement, Bayfront Villa Agreement, Brookhaven
Territory Agreement, Sale of Utility Board Property, Sewer Ordinance/Resolution
Revisions, Oldfield Development Agreement, Oldfield Water Service, and Haley’s Lane
Agreements.
108
2
MINUTES
Utilities Board of the City of Daphne
March 1, 2006
5:00 P.M.
Mr. Taylor advised the Board that he was requesting a fee increase. Mr. Segalla and
Mr. McElroy proposed a fee increase from $100/hr to $200/hr. The Board discussed
the request and proposal and determined that it should be discussed in an executive
session.
IX.
General Manager’s Report
A. GM Report
Mr. McElroy introduced and welcomed Danny Lyndall – Operations Manager
Kenny Johnson – Code Enforcement, and Ruth McCulloh – Administrative
Assistant. Mr. McElroy updated the Board on the status of Administration including
operational reorganization summary, Marketing & Public Relations, Human
Resources, Customer Service, Purchasing, Field Services (Wastewater Collection,
Water Distribution, Line Locate), Maintenance (Building, Grounds, Electrical &
Street Maintenance, Natural Gas), Wastewater Treatment, Water Quality and
Code Enforcement. Mr. Segalla commended the Customer Service Department on
their friendly customer service including smiles and welcome greetings. Terry
Cawthron updated the Board on Field Services operations and reorganization
status, and Andrew Bolar updated the Board on Maintenance operations and
reorganization status. Mr. Clayton updated the Board on the status of current
projects including Sewer Connections, Buildings and Construction, Well #5,
Highway 90/Canterbury Main Extensions, Water Storage Tank, Eastern Shore
Park, Oldfield Development, BioTerminator, Scum Beach, Bayfront Villa, Natural
Gas Annual Contract Bid, Street Paving Annual Contract Bid, Natural Gas
Projects, and Fire Hydrant Maintenance.
B. Engineering Report
Mr. Moore updated the Board on the status of Highway 64 South Sewers, Well #5
Upgrades, Survey of 19 Acre Utility Board Property, and North Winding Brook
Sewer. Mrs. Immel updated the Board on the status of current Short Term Water
System Improvements, Sanitary Sewer Improvements for the Dauphine Acres
Area, Evaluation of Selected Sanitary Sewer Areas, Long Range Plan & Annual
Report, Standard Specifications, Annual Contracts and ADECA Grants. Mrs. Immel
reviewed the bid tabulation and recommended that the Board award the bid water
main extensions along US 90/Canterbury to the lowest bidder R & B Contracting
Company in the amount of $491,838.
C. Utility Revenues Report
The Board reviewed the reports and graphs for water, sewer, and gas revenues for
October 2005 through January 2006.
X.
Public Participation
XI.
Board Comments
109
3
MINUTES
Utilities Board of the City of Daphne
March 1, 2006
5:00 P.M.
XII.
Executive Session
Mayor Small motioned for the Board to conduct an Executive Session to discuss
legal and personnel issues at 6:19 p.m. The Board returned from Executive Session
at 7:46 p.m.
XIII.
Board Action
A. Bid Award – Water Main Extensions
Mr. Scott motioned to award the bid for water main extensions along US
90/Canterbury to R & B Contracting Company, and Mr. Patterson seconded the
motion; all were in favor.
B. Adoptions of Standard Specifications
Mr. Scott motioned to adopt the standard specifications and Mayor Small seconded
the motion; all were in favor.
C. Attorney Fee Increase
Mr. Patterson motioned to increase the hourly rate for the Board Attorney and Mayor
Small seconded the motion; all were in favor.
D. Resolution 2006-02 Oldfield Development Agreement
Mayor Small motioned to adopt Resolution 2006-02 and Mr. Patterson seconded the
motion; all were in favor.
XIV.
Adjournment
Mayor Small motioned to adjourn at 7:50 p.m.
110
4
MINUTES
Utilities Board of the City of Daphne
March 1, 2006
5:00 P.M.
Submitted by:
______________________________
Stephnie P. Merchant
Executive Assistant
Approved by:
_______________________________
Robert Segalla
Chairman of the Board
111
5
MINUTES
Utilities Board of the City of Daphne
City of Daphne Council Chambers
”
March 29, 2006
”
5:00 p.m.
I.
Call to Order
5:25pm March 29, 2006
II.
Roll Call
The Utility Board Meeting was called to order by the Bob Segalla-Chairman, at
5:25p.m. on Wednesday, March 29, 2006
Members Present
Robert Segalla-Chairman, Ron Scott-Vice Chairman, Lon Johnston-Secretary Treasurer,
Absent
Fred Small-Mayor, Bob Patterson, Lloyd Taylor-Board Attorney
Others Present
Rob McElroy-General Manager, Danny Lyndall, Rebecca Williamson,
Stan Clayton, Melinda Immel, Ray Moore, Teresa Logiotatos, Deloris Brown, Stephnie
Merchant, Ruth McCulloh
III.
Pledge of Allegiance
IV.
Approval of Minutes
March 29, 2006 – Utility Board Meeting
Approval of the minutes from the meeting March 29, 2006. No additions or deletions
to the minutes were made. Mr. Scott made a motion for approval of the minutes
Mr. Segalla seconded the motion, and all were in favor.
V.
Old Business
Fire Hydrant Maintenance
Rob McElroy stated that Danny Lyndall has been in charge of gathering information
regarding the fire hydrant maintenance. No movement in the consideration of the
hand-off of the program to the Fire Department had been made, but Mr. McElroy
informed the Board that the City is being billed for maintenance on each hydrant.
Utilities had been billing them $55,000 per year but has now gone to billing at a unit
price. The yearly projected amount based on the current number of hydrants is
$58,800. No profit is made from the $58,800. We install the hydrants and know how
to maintain them. The Fire Department will have to learn how to maintain them. Ron
Scott said that if we do pass this project over to the Fire Department, we need to
know how much to bill them for water usage since there are no meters. Also, he
stated that a profit needed to be made if we are going to continue to maintain the
system. If the Fire Department maintains them, they will be totally responsible for
them.
112
MINUTES
Utilities Board of the City of Daphne
City of Daphne Council Chambers
”
March 29, 2006
”
5:00 p.m.
Potential Sale of Maintenance Facility Property (Gas Plant)
Mr. McElroy advised that no resolution of sale of the property had been reached as of
now and could be ongoing for at least another 6 months if not longer. The site is still
being shown to prospective buyers.
VI.
New Business
No new business was addressed.
VII.
Board Attorney’s Report
Park City Agreement
Mr.McElroy reported that the agreement with Park City was still in the hands of the
board attorney and waiting for signatures.
Bayfront Villa Agreement
Mr. McElroy reported that the agreement had been finalized with Mr. Irvine and was
now back in the City’s hands.
Brookhaven Territory Agreement
Mr. McElroy reported the only successful agreement regarding the Brookhaven
subdivision was that water was provided to the contractor for hydro testing of the
water lines.
Sale of DUB Property
Mr. McElroy updated on the status of the 19 acre property. Rob McElroy and Ray
Moore will be meeting with Mr. Segalla to brief him in the upcoming week.
Sewer Ordinance/Resolution Revisions
Mr. McElroy reported that Tim Fleming-Attorney for the City is reviewing the
ordinance revisions. Mr. Segalla stated that movement on this needs to be a faster
process.
Oldfield Agreement & Water Service
Mr. McElroy reported that the Oldfield project had been discussed with the Mayor,
and based on current field conditions, it is not cost effective for the Utility to install
services at this time.
VIII.
Finance Report
Summary
Mrs. Logiotatos reviewed the February financial reports with the Board and discussed
the balance sheet highlights, total assets, savings account, income statement
highlights, and revenue and expenses for the year. Also discussed was budgetary
comments, total revenue, total expenses, net income, and the purchase of two new
service trucks. Dues and subscriptions were also discussed, and only publications
that are useful will be allowed in the budget.
113
MINUTES
Utilities Board of the City of Daphne
City of Daphne Council Chambers
IX.
”
March 29, 2006
”
5:00 p.m.
General Manager’s Report
Summary
Mr. McElroy reviewed the GM Report with the Board to include some of the following
highlights: a recent newspaper article, interview with Fox 10 News regarding security
of our Well Facilities, an television advertisement for Daphne Utilities that will run on
WKRG and placed on our website (the video of the commercial was viewed at the
board meeting), pursuit of grant funds from ADECA or a subgroup of them, bio-diesel
program and monies it will save including other benefits of the program,
reorganization update on the Field Services and Maintenance Departments, major
clean up efforts at the facilities which created cleaner and safer facilities, plans for a
pole barn at the Water Reclamation Facility to serve as a warehouse, training
programs and substance abuse classes, status of new Operations Manager - Danny
Lyndall, and gas leaks and repairs.
Stan Clayton reported that the applications being submitted for grant funds were for
two different programs, one for septic tanks and the other for the sewer pretreatment
program (Code Enforcement). A meeting was held on the Bioterminator with the
Shaw staff. Smoke testing was discussed and is part of the budget. The Board stated
that no exceptions will be allowed for not connecting to the sewer system. Street
paving contract bids were put out and a contract is now in place.
X.
Engineering Reports
Mr. Ray Moore with HMR, reported on Well #5, the 19 acres Utility property, and the
North Winding Brook sewer. Mr. Moore stated that he will review the projects with
Danny Lyndall.
Melinda Immel with Volkert reported on design projects and informed the Board that
she attended a public hearing for ADECA on the Hurricane Katrina grant. She has the
application and is in the process of getting everything together to submit this in a
timely fashion. She reviewed the annual contracts for the installation of gas mains
and services, and pavement and asphalt services. Mr. Segalla recommended that a
motion be made to award the annual contracts for gas and street/sidewalk services.
The street/sidewalk contract had two bids, one from Asphalt Services, who had the
lowest total bid, and the other from Construction Labor Services. The gas contract
had two bids, one from Boyington Pipeline Construction, who was had the lowest total
bid, and Earl Ryland’s Underground Services, Inc. After review and discussion with
Rob McElroy and engineering, it was recommended that it was in the Board’s best
interest to award the gas contract bid to Earl Ryland’s Underground Services, Inc.
based on lower unit prices on the most essential items, and excellent history of good
service. Ron Scott made a motion that the Board accept Volkert’s recommendation
and award the bid to Ryland’s, and make note of why we are taking the higher of the
two bids, all were in favor of the motion.
114
MINUTES
Utilities Board of the City of Daphne
City of Daphne Council Chambers
XI.
”
March 29, 2006
”
5:00 p.m.
Board Action
Motion – Change Board Meeting Date
Mr. Scott motioned to change the Board Meeting to last Wednesday of each month
instead of the fourth Wednesday, to allow for adequate time to prepare financial
reports. Mr. Johnston seconded the motion, and all were in favor.
Motion – Gas Services Bid
Mr. Scott motioned to award Natural Gas Services Contract to Ryland’s Underground
Services. Mr. Johnston seconded the motion, and all were in favor.
Motion – Asphalt and Paving Bid
Mr. Scott motioned to award Asphalt Services Contract Asphalt Services. Mr.
Johnston seconded the motion and all were in favor.
XII.
Public Participation
None
XIII.
Board Comments –
Ron Scott thanked Stan Clayton for his effort and what a great job he has done. Lon
Johnston added what a real pleasure it has been working with Stan. Mr.Segalla
added thank him and wished him the very best.
XIV.
Executive Session
Executive session was not conducted.
XV.
Adjournment
The meeting adjourned at 6:48 p.m.
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CITY COUNCIL MEETING
MAYOR'S REPORT
NOTES:
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CITY ATTORNEY’S REPORT
NOTES:
DEPARTMENT HEAD’S COMMENTS
120
CITY COUNCIL MEETING
RESOLUTIONS, ORDINANCES, ORDERS & OTHER BUSINESS
NOTES:
RECOMMENDATIONS
COUNCIL COMMENTS:
121
RESOLUTION 2006-43
PREPAID TRAVEL
BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA
HEREBY AUTHORIZES THE FOLLOWING:
prepaid travel expenses are approved for the purpose and amount indicated below for the
following:
David L. Cohen / AL Dpt. Of Economic and Community Affairs Recreation
Programs FY 2007 Application Workshop / Montgomery, AL / $70
A complete expense summary with receipts will be submitted and approved by the Mayor upon
return from the above.
APPROVED AND ADOPTED BY THE CITY COUNCIL, CITY OF DAPHNE, ALABAMA on
this
day of
, 2006.
_________________________________
Greg Burnam, Council President
Date & Time Signed:________________
_________________________________
Fred Small, Mayor
Date & Time Signed:_________________
ATTEST:
___________________________
David L. Cohen
City Clerk MMC
122
RESOLUTION NO. 2006-44
2006-O-PW (5) FOUR WHEEL DRIVE OUTFRONT MOWERS
WHEREAS, The City of Daphne is required under section 41-16-20 of the Code
of Alabama to secure competitive bids for items in excess of $7,500; and
WHEREAS, The City of Daphne acknowledges that the cost for the PW (5)
FOUR WHEEL DRIVE OUTFRONT MOWERS will exceed this amount; and
WHEREAS, Staff has reviewed the bids for the PW (5) FOUR WHEEL DRIVE
OUTFRONT MOWERS and determined that the bid as presented is reasonable;
and
WHEREAS, Staff recommends the bid for the PW (5) FOUR WHEEL DRIVE
OUTFRONT MOWERS be awarded to Beard Equipment Company; and
NOW, THEREFORE BE IT RESOLVED, AND IT IS HEREBY RESOLVED,
THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF DAPHNE, hereby
accept the bid of Beard Equipment Company for the amount of $119,905 as
specified in BID SPECIFICATION NO: 2006-O-PW (5) FOUR WHEEL DRIVE
OUTFRONT MOWERS and the Mayor is hereby authorized to enter into a lease
agreement for the mowers.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DAPHNE, ALABAMA, THIS 1st
day of May , 2006.
_________________________________
Greg Burnam, Council President
Date & Time Signed:________________
_________________________________
Fred Small, Mayor
Date & Time Signed:________________
ATTEST:
___________________________
David L. Cohen, City Clerk MMC
123
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ORDINANCE NO. 2006- 32
FOR THE ANNEXATION OF CERTAIN PROPERTY TO THE CORPORATE LIMITS
OF THE MUNICIPALITY OF THE CITY OF DAPHNE, ALABAMA
Annexation of Reynolds Property on the Corner of U.S. Hwy. 98 and McIntyre St.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
DAPHNE, ALABAMA, AS FOLLOWS:
WHEREAS, the owners of the property described in Section 2 of this Ordinance have signed
and filed a written petition with the City Clerk of the City of Daphne, Alabama, requesting that such
property be annexed to the corporate limits of the City of Daphne, Alabama; and,
WHEREAS, all of such property is located and contained within an area contiguous to the
corporate limits of the City of Daphne, Alabama and does not lie within the corporate limits or police
jurisdiction of any other municipality; and,
WHEREAS, said petition contains an accurate description of the property or territory proposed
to be annexed together with a map of said property showing its relationship to the corporate limits of
the City of Daphne; and,
WHEREAS, said petition has been presented to the City of Daphne on April 17, 2006 for the
City Council to consider said request for annexation and said property shall be zoned B-2, General
Business, zone; and,
WHEREAS, the City Council of the City of Daphne, Alabama has determined that it is in the
best interest of said City that the property described in Section 2 hereof be annexed to the corporate
limits of the City of Daphne, and that all the requirements of Sections 11-42-21 through 11-42-24, Code
of Alabama, 1975, as amended have been complied with by said Petitioner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF DAPHNE, ALABAMA, as follows:
SECTION 1: CONSENT TO ANNEXATION. The City Council of the City of Daphne,
Alabama does by this Ordinance assent to the annexation of the property described in Section 2 of this
Ordinance to the corporate limits of the City of Daphne, Alabama, and does by the adoption of this
Ordinance, extend and rearrange said corporate limits to embrace and include such property.
SECTION 2: THE PROPERTY. That property requested to be annexed into the City of
Daphne is described in Exhibit "A", attached hereto and made a part of this Ordinance as if fully set
out herein.
EXHIBIT “A”
LEGAL DESCRIPTION:
146.2’X326.3 IRR Beg at NW in T of Hwy 98 & McIntyre St. run SWLY
along N row McIntyre St. 326.3 TH NW 242.8 E 230S S 38.8 E 137.7 S
146.2 to POB SEC 29 T5S R2E
126
ORDINANCE 2006-32
Annexation Reynolds Property
PAGE 2
SECTION 3: MAP OF PROPERTY. The property hereby annexed to the City of Daphne,
Alabama, is set forth and described in Exhibit "B" and attached hereto a map of the property showing
its relationship to the corporate limits of the municipality of the City of Daphne and made a part of this
Ordinance.
SECTION 4: PUBLICATION. This Ordinance shall be published as required by Section 1142-21, Code of Alabama, 1975, as amended, and the property described herein shall be annexed to the
corporate limits of the City of Daphne, Alabama, upon such publication.
SECTION 5: PROBATE COURT. A description of the property described in this Ordinance
shall be filed in the Office of the Judge of Probate of Baldwin County, Alabama, as required by Section
11-42-21, Code of Alabama, 1975, as amended.
ADOPTED AND APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF DAPHNE, ALABAMA on this _________ day of______________ 2006.
____________________________________
Greg Burnam
Council President
Date &Time Signed: ___________________
_____________________________________
Fred Small
Mayor
Date & Time Signed: ___________________
ATTEST:
_____________________________________
David L. Cohen
City Clerk, MMC
127
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149
ORDINANCE 2006- 36
An Ordinance Appropriating Funds
Baldwin County Trailblazers
WHEREAS, Ordinance 2005-69 approved and adopted the Fiscal Year 2006 Budget
December 5, 2005; and
WHEREAS, subsequent to the adoption of the Fiscal Year 2006 budget, the City Council
has from time to time determined that certain additional appropriations are required and
should be approved and made a part of the Fiscal Year 2006 budget; and
WHEREAS, the City Council recognizes the importance of the Baldwin County Trailblazers
and their mission to preserve and enhance the quality of life in Baldwin County through a
countywide network of hiking/biking trails.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Daphne,
Alabama, that the Fiscal Year 2006 General Fund Budget is hereby amended to include an
appropriation to the Baldwin County Trailblazers in the amount of __________ for the
purpose of expanding the multi-purpose trails throughout Baldwin County.
Furthermore, the Mayor is hereby authorized to execute contracts related to the above
contributions.
APPROVED AND ADOPTED by the City Council of the City of Daphne, Alabama, this
________ day of ___________________, 2006.
______________________________
Greg Burnam, Council President
Date & Time Signed:______________
______________________________
Fred Small, Mayor
Date & Time Signed:______________
ATTEST:
__________________________
David L. Cohen, City Clerk, MMC
150
ORDINANCE 2006-37
An Ordinance Appropriating Funds
Mowers
WHEREAS, Ordinance 2005-69 approved and adopted the Fiscal Year 2006 Budget
December 5, 2005; and
WHEREAS, subsequent to the adoption of the Fiscal Year 2006 budget, the City Council
has from time to time determined that certain additional appropriations are required and
should be approved and made a part of the Fiscal Year 2006 budget; and
WHEREAS, the Public Works department included in the annual budget funds for the
lease of 5 Out-Front Deck Mowers; and
WHEREAS, the total cost of a three year lease is $ 123,660 and the total cost for the
purchase of the mowers is $ 119,905; and
WHEREAS, it has been determined that it is in the City’s best economic interest to
purchase such mowers in lieu of leasing them.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Daphne,
Alabama, that the Fiscal Year 2006 Budget is hereby amended to include a General Fund
appropriation not to exceed $ 102,730 for the purchase of 5 Out-Front Deck Mowers.
APPROVED AND ADOPTED by the City Council of the City of Daphne, Alabama, this
day of
__, 2006.
______________________________
Greg Burnam, Council President
Date & Time Signed:______________
______________________________
Fred Small, Mayor
Date & Time Signed:______________
ATTEST:
__________________________
David L. Cohen, City Clerk
151